Small stand-alone dwellings—commonly known as granny flats—can be built without a building consent if they are no more than 70 square metres and meet all the conditions of the building consent exemption.

A building consent exemption does not mean the work is unregulated. You must apply for a project information memorandum (PIM) before work starts, and the dwelling must meet all relevant building and planning requirements.

Check whether your project qualifies

To use the building consent exemption, the proposed dwelling must:

• have a simple design and comply with the Building Code
• meet all the characteristics and requirements in Schedule 1A of the Building Act 2004
• have a project information memorandum (PIM) issued before building work starts
• be built or supervised by appropriately licensed building professionals.

If any of the exemption conditions are not met, the building work is not exempt and a building consent will be required.

Understand your responsibilities

As the homeowner, you are legally responsible for making sure the building work complies with all the conditions of the exemption and the Building Code.

If you choose the exemption instead of the standard building consent process, it is important to understand the consumer protection provisions under the Building Act. You and your tradespeople will be responsible for correcting any problems with the building work.

You cannot carry out building work on the dwelling yourself unless you hold the appropriate qualifications or licences.

Check the planning requirements

Your proposal must also meet the relevant permitted activity rules and standards in the National Environmental Standards for Detached Minor Residential Units (NES-DMRU).

The NES-DMRU operates under the Resource Management Act 1991 and includes requirements relating to matters such as building size, boundary setbacks and the distance from the principal dwelling. Other planning requirements may also apply to your property. The Ministry for the Environment advises homeowners to check Council requirements alongside the NES-DMRU.

Before proceeding, contact our Planning Team at duty.planner@wmk.govt.nz to confirm whether your proposal meets the applicable planning requirements or requires resource consent.

Guidance and resources

Before applying, read the Ministry of Business, Innovation and Employment’s granny flats exemption guidance and resources.

The guidance explains:

• which projects qualify for the exemption
• the steps to follow when planning, building and completing the dwelling
• the responsibilities of homeowners and licensed building professionals
• what information must be provided to Council
• what can happen if the building work does not comply.